The Code of Conduct was reviewed by the review committee on July 31, 2018

Introduction

The Phelps-Clifton Springs Central School District Board of Education is committed to providing a safe and orderly school environment where students may receive and district personnel may deliver quality educational services without disruption or interference. Responsible behavior by students, teachers, other district personnel, parents and other visitors is essential to achieving this goal.

The district has a long-standing set of expectations for conduct on school property and at school functions. These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity

The Board recognizes the need to clearly define these expectations for acceptable conduct on school property, identify the possible consequences of unacceptable conduct, and to ensure that discipline, when necessary, is administered promptly and fairly. To this end, the Board adopts this code of conduct ("code").

Unless otherwise indicated, this code applies to all students, school personnel, parents and other visitors when on school property or attending a school function.

Definitions

For purposes of the code, the following definitions apply:

“Cyberbullying” means harassment/bullying, as defined below, through any form of electronic communication including, but not limited to, email, Instant messaging, blogs, chat rooms, cell phones, gaming systems and social media to deliberately harass or threaten others.

“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.

“Discrimination” means discrimination against any student by a student or students and/or employee or employees on school property or at a school function including, but not limited to, discrimination based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

“Disruptive student” means an elementary or secondary student under the age of 21 who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom or an administrator’s authority over a school building.

“Emotional harm” that takes place in the context of “harassment or bullying” means harm to a student’s emotional well-being through the creation of a hostile school environment that is so severe or pervasive as to unreasonably and substantially interfere with a student’s education.

“Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title 9-B of article 5 of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.

“Gender” means a person’s actual or perceived sex and shall include a person’s gender identity or expression.

“Gender expression” is the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle, activities, voice or mannerisms.

“Gender identity” is one’s self-conception as being male or female, as distinguished from actual biological sex or sex assigned at birth.

“Harassment/bullying” (as defined in Education Law §11(7)) means the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying (as defined in Education Law §11(8)), that

Has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; or

Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or

Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or

Occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.

For purposes of this definition, the term "threats, intimidation or abuse" shall include verbal and non-verbal actions.

Acts of harassment and bullying that are prohibited include those acts based on a person’s actual or perceived membership in the following groups including, but not limited to:

race

color

weight

national origin

ethnic group

religion

religious practice

disability

sex

sexual orientation

gender (which includes a person’s actual or perceived sex, as well as gender identity and expression).

“Parent” means parent, guardian, or person in parental relation to a student.

“School Bus” means every motor vehicle owned by a public or government agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

“School property” means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, including property owned by the District or used by the District for school activities or functions, or in or on a school bus, as defined in Vehicle and Traffic Law §142.

“School rules” means all District and Board of Education policies, rules, regulations and procedures, including this code.

“Student” means any person between the ages of 4 and 21 who is enrolled in an educational program.

“Violent student” means a student under 21 who:

Commits an act of violence upon a school employee, or attempts to do so.

Commits, while on school property or at a school function, an act of violence upon another student or any other person lawfully on school property or at the school function, or attempts to do so.

Possesses, while on school property or at a school function, a weapon.

Displays, while on school property or at a school function, what appears to be a weapon.

Threatens, while on school property or at a school function, to use a weapon.

Knowingly and intentionally damages or destroys the personal property of any student, school employee or any person lawfully on school property or at a school function.

Knowingly and intentionally damages or destroys School District property.

“Weapon” means a firearm as defined in 18 USC §921 for purposes of the Gun-Free Schools Act. It also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger, dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, slingshot, metal knuckle knife, box cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause physical injury or death when used to cause physical injury or death. In addition, this code further prohibits the possession or display of any toy, facsimile or replica of a weapon.

Student Rights and Responsibilities

A. Student Rights

The Phelps-Clifton Springs Central School District is committed to safeguarding the rights given to all students under state and federal law and District policy. In addition, to promote a safe, healthy, orderly, and supportive school environment, all District students have the right to:

Take part in all District activities on an equal basis regardless of race, weight, color, creed, national origin, ethnic group, religion, religious practice, gender or sexual orientation or disability.

Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty.

Access school policies, regulations, and rules and, when necessary, receive an explanation of those rules from school personnel.

B. Student Responsibilities

All District students have the responsibility to:

Act in an empathetic and respectful manner toward others while on school property.

Contribute to maintaining a safe, supportive and orderly school environment that is conducive to learning.

Attend school every day unless they are legally excused and be in class, on time, and prepared to learn.

Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible.

Ask questions when they do not understand.

Seek help in solving problems.

Dress appropriately for school and school functions (as outlined in respective handbooks).

Accept responsibility for their actions.

Be familiar with and abide by District policies, rules and regulations dealing with student conduct.

React to the direction given by teachers, administrators, and other school personnel in a respectful, positive manner.

Work to develop mechanisms to manage their anger.

Conduct themselves as representatives of the District when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship.

Inform school officials of knowledge of potential safety issues.

Promptly report violations of the code of conduct to a teacher, school counselor, administrator, or appropriate staff member.

Use technology resources, including the Internet and email, in a responsible manner.

Essential Partners

A. Parents

All parents are expected to:

Recognize that the education of their child(ren) is a joint responsibility of the parents and the school community and collaborate with the District to optimize their child’s educational opportunities.

Send their children to school ready to participate and learn.

Ensure their children attend school regularly and on time.

Ensure absences are excused.

Ensure their children be dressed and groomed in a manner consistent with the student dress code (policy 5300.25).

Help their children understand that in a democratic society appropriate rules are required to maintain a safe, orderly environment.

Know school rules and help their children understand them so that their children can help create a safe, supportive school environment.

Convey to their children a supportive attitude toward education and the District.

Build positive, constructive relationships with teachers, other parents and their children’s friends.

Help their children deal effectively with peer pressure.

Inform school officials of changes in the home situation that may affect student conduct or performance.

Provide a place for study and ensure homework assignments are completed.

Inform school officials of knowledge of potential safety issues.

Promptly report violations of the code of conduct to a teacher, school counselor, administrator or appropriate staff member.

B. Teachers

All District teachers are expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules and enforce them in a fair and consistent manner.

Be prepared to teach.

Demonstrate an interest in teaching and concern for student achievement.

Communicate regularly with students, parents and other teachers concerning students' growth and achievement.

Maintain confidentiality in accordance with federal and state law.

Work towards strengthening students’ social and emotional well being.

Inform school officials of knowledge of potential safety issues.

Work with administrators in enforcing the code of conduct and ensuring that all issues are addressed promptly and fairly.

Promptly report violations of the code of conduct to a school counselor, administrator or appropriate staff member.

Participate in school-wide efforts to provide adequate supervision in all school spaces, in conformity with the Taylor Law (Public Employees Fair Employment Act).

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students in the school or classroom setting.

C. School Counselors

All school counselors are expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules, and enforce them in a fair and consistent manner.

Encourage students to benefit from the curriculum and extracurricular programs.

Assist students in coping with peer pressure and emerging personal, social and emotional problems.

Work towards strengthening students’ social and emotional wellbeing.

Initiate conferences, with necessary parties, as a way to resolve problems.

Regularly review with students their educational progress and career plans.

Maintain confidentiality in accordance with federal and state law.

Provide information to assist students with career planning.

Make known to students and families the resources in the community that are available to meet their needs.

Inform school officials of knowledge of potential safety issues.

Work with administrators in enforcing the code of conduct and ensuring that all issues are addressed promptly and fairly.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students.

D. School Resource Officer (“SRO”)

The School Resource Officer is expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules, and enforce them in a fair and consistent manner.

Promote a safe and orderly school environment.

Educate students, staff and parents on matters of safety and law.

Work towards strengthening students’ social and emotional well being.

Assist students in coping with peer pressure and emerging personal problems.

Ensure that students, staff, and parents have the opportunity to communicate regularly with the SRO and to approach the SRO for resolution of conflicts.

Maintain confidentiality in accordance with federal and state law.

Inform administration of knowledge of potential safety issues.

Be responsible for enforcing matters of law and ensuring that all issues are addressed promptly and fairly.

Work with the Superintendent and administrators in enforcing the code of conduct and ensuring that all issues are addressed promptly and fairly.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students.

E. Other School Personnel

All other school personnel are expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules, and enforce them in a fair and consistent manner.

Maintain confidentiality in accordance with federal and state law.

Inform school officials of knowledge of potential safety issues.

Work with administrators in enforcing the code of conduct and ensuring that all issues are addressed promptly and fairly.

Help children understand the District’s expectations for maintaining a safe, orderly environment.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students.

F. District Administrators

All District Administrators are expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules and enforce them in a fair and consistent manner.

Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning.

Support the development of and student participation in appropriate extracurricular activities.

Evaluate all instructional programs on a regular basis.

Ensure that students, staff, and parents have the opportunity to communicate regularly with administrators and to approach administrators for resolution of conflicts.

Maintain confidentiality in accordance with federal and state law.

Review Board policies and state/federal laws relating to school operations and management.

Provide support in the development of the code of conduct, when called upon. Disseminate the code of conduct and anti-harassment policies.

Work with the Superintendent in enforcing the code of conduct and ensuring that all issues are addressed promptly and fairly.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students and staff.

G. Superintendent

The Superintendent is expected to:

Maintain a climate of mutual respect and dignity for all regardless of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression), which will strengthen students’ self-concept and promote confidence to learn.

Know school policies and rules and enforce them in a fair and consistent manner.

Promote a safe, orderly, and stimulating school environment, supporting active teaching and learning.

Support the development of and student participation in appropriate extracurricular activities.

Evaluate all instructional programs on a regular basis.

Ensure that students, staff, and parents have the opportunity to communicate regularly with administrators and to approach administrators for resolution of conflicts.

Work to create instructional programs that minimize problems of misconduct and are sensitive to student and teacher needs.

Review with District administrators Board of Education policies and state/federal laws relating to school operations and management.

Maintain confidentiality in accordance with federal and state law.

Inform the Board about educational trends relating to student discipline.

Work with District administrators in enforcing the code of conduct and ensuring that all issues are resolved promptly and fairly.

Participate in school-wide efforts to provide adequate supervision in all school spaces.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students and staff.

Develop and recommend a budget that provides programs and activities that support achievement of the goals of the code of conduct.

Know school policies and rules and enforce them in a fair and consistent manner.

Collaborate with students, teachers, administrators, and parent organizations, school safety personnel and other school personnel to develop a code of conduct that clearly defines expectations for the conduct of students, District personnel and visitors on school property and at school functions.

Adopt and review the District’s code of conduct to evaluate the code’s effectiveness and the fairness and consistency of its implementation annually.

Lead by example by conducting Board meetings in a professional, respectful, courteous manner.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students and staff.

I. The Dignity Act Coordinators

The Dignity Act also requires that at least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex.

Oversee and coordinate the work of the District-wide and building-level Bullying Prevention Committees.

Identify curricular resources that support infusing civility in classroom instruction and classroom management; and provide guidance to staff as to how to access and implement those resources.

Coordinate, with the Professional Development Committee, training in support of the Bullying Prevention Committees.

Be responsible for monitoring and reporting on the effectiveness of the District’s bullying prevention policy.

Address issues of harassment or any situation that threatens the emotional or physical health or safety of any student, school employee, or any person who is lawfully on school property or at a school function.

Address personal biases that may prevent equal treatment of all students.

The Dignity Act Coordinators are as follows:

Karen Cameron (Building Principal MPS) – (315) 548-6700

Chris Moyer (Building Principal MIS) – (315) 548-6900

Frank Bai-Rossi (Building Principal MMS) – (315) 548-6600

Jim Giancursio (Assistant Principal MMS) – (315) 548-6600

Frank Bai-Rossi (Building Principal MHS) – (315) 548-6600

Jim Giancursio (Assistant Principal MHS) – (315) 548-6600

Student Dress Code

The responsibility for the dress and appearance of individuals shall rest with the individual. They have the right to determine how they dress, provided that such attire complies with requirements for health and safety, does not interfere with the educational process, or impose on the rights of others and are not destructive to school property.

An individual’s dress, grooming and appearance shall:

Be safe, appropriate, and not disrupt or interfere with the educational process (e.g., a hood may not be covering the head).

Recognize that extremely brief garments that reveal or expose skin between the upper chest and mid-thigh or expose undergarments are not appropriate. All tops must have over the shoulder straps.

Not include the wearing of hats/hoods in the school except for a medical or religious purpose.

Include footwear at all times.

Not include items that are perceived to be vulgar, obscene, and/or offensive others because of race, color, religion, creed, national origin, gender, gender expression, gender identity, sexual orientation, or disability.

Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or violent activities.

Not include open-toed shoes on playgrounds.

Not include jewelry in physical education classes, in athletic programs, or in technology or science labs for safety reasons.

Each school principal or his or her designee shall be responsible for informing all students and their parents of the dress code at the beginning of the school year and any revisions to the dress code made during the school year. The administration is authorized to act in instances where individual dress does not meet these stated requirements. Those who violate the dress code shall be required to modify their appearance by covering or removing the prohibited item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so shall be subject to discipline, up to and including in-school suspension for the day. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including out-of-school suspension.

Prohibited Student Conduct

The Phelps Clifton-Springs Central School District Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, District personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on educating students so they may grow in self-discipline.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students 12 who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the consequences for their conduct.

Students may be subject to disciplinary action, up to and including suspension from school, when they:

A. Engage in conduct that is disorderly. Examples of disorderly conduct include but are not limited to:

Run in hallways.

Making unreasonable noise.

Using language, gestures, or visual images that are profane, lewd, vulgar, or abusive.

Obstructing vehicular or pedestrian traffic.

Engaging in any willful act which disrupts the normal operation of the school c community.

Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.

Computer/electronic communications misuse, including but not limited to any unauthorized use of computers, software, recording devices, cell phones or internet/intranet accounts; accessing inappropriate websites; or any other violation of District policy.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include but are not limited to:

Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

Lateness for, missing or leaving school without permission.

Skipping assigned detention and/or assigned tutoring sessions.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to:

Continually impeding the teaching and learning process.

Continually interfering with the teacher’s authority over the classroom.

Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

Inappropriate public sexual contact.

Display or use of personal electronic devices, such as, but not limited to cell phones, iPods, digital cameras, in a manner that is in violation of District policy.

D. Engage in conduct that is violent. Examples of violent conduct include but are not limited to:

Committing an act of violence (such as biting, hitting, kicking, punching, and scratching) upon another student, teacher, administrator, or other school employee or attempting or threatening to do so.

Committing an act of violence that results in physical injury or depraved indifference to another person on school property or attempting or threatening to do so.

Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

Displaying what appears to be a weapon.

Threatening to use any weapon.

Intentionally damaging or destroying the personal property of a student, teacher, administrator, other District employee or any person on school property, including graffiti or arson, or threatening or attempting to do so.

Intentionally damaging or destroying School District property.

E. Engage in any conduct that endangers the safety, physical or mental health or welfare of others. Examples of such conduct include but are not limited to:

Lying to school personnel.

Subjecting other students, school personnel or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct which creates a substantial risk of physical injury.

Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.

Defamation, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

Discrimination, which includes the use of race, color, creed, national origin, ethnic group, religion, religious practice, sex, gender (identity and expression), sexual orientation, weight, or disability as a basis for treating another in a negative manner.

Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be or which a reasonable person would perceive as ridiculing or demeaning. Harassment is also the creation of a hostile environment. (See policy 7550, Student Harassment and Bullying Prevention and Intervention for a more complete definition.)

Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.

Inappropriately using or sharing prescription and over-the-counter drugs.

Possessing, consuming, selling, distributing, or exchanging any substance that alters perception or behavior, reducing that individual’s ability to function appropriately in the academic environment.

Gambling.

Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner either in person, via photos or electronically.

Initiating a report warning of fire, bomb threat or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

Using any technological devices to inappropriately photograph, record, or videotape another person without the consent of those present.

Using an unmanned aerial vehicle (also known as a drone) or any remote controlled aircraft on school property or during any school functions without obtaining prior written permission from the District’s Superintendent and demonstrating compliance with any and all applicable Federal Aviation Administration rules and regulations.

F. Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on District buses, to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving, throwing objects, standing while the bus is in motion, and fighting will not be tolerated.

G. Engage in any form of academic misconduct. Examples of academic misconduct include but are not limited to:

Plagiarism.

Cheating.

Copying.

Altering records.

Assisting another student in any of the above actions.

H. Engage in off-campus misconduct that interferes with or can reasonably be expected to substantially disrupt the educational process in the school or at a school function. Examples of such misconduct include but are not limited to:

Cyberbullying.

Threatening, hazing, and harassing students or school personnel over the phone or the internet.

Using message boards to convey threats, derogatory comments or post pornographic pictures of students or school personnel.

I. Engage in inappropriate use of technology, such as the Internet, email, or social media:

In a manner that violates local, state, or federal laws, including, but not limited to, those pertaining to, intellectual property, harassment, discrimination, bullying, defamation, or unauthorized access to any computer system (including so-called “hacking”);

In a manner that disrupts or damages hardware or software, such as virus creation, planting, transmission, or sabotage;

In a manner that violates District policy, rule, regulation, or the Code of Conduct;

In a manner that violates the privacy rights or the respect of the student or others (e.g., sharing password information, photographs, or other personal information);

To access dangerous information that if acted upon could cause damage to persons or property; and/or

To buy or sell products or services or otherwise use the resources for personal profit or gain.

Reporting Violations

All students are expected to promptly report violations of the code of conduct to a teacher, school counselor, administrator, or appropriate staff member. All District staff who are authorized to impose disciplinary sanctions (policy 5300.40) are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to a supervisor who is authorized to act.

Any weapon, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction, which may include permanent suspension and referral for prosecution. The principal or his/her designee must notify parents and the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his/her designee learns of the violation. Parent notification may be made by telephone, followed by a letter mailed within 24 hours. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

Disciplinary Consequences, Procedures and Referrals

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Disciplinary action, when necessary, will be firm, fair, and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

The student’s age.

The nature of the offense and the circumstances which led to the offense.

The student’s prior disciplinary record.

The effectiveness of other forms of discipline.

Information from parents, teachers and/or others, as appropriate

Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations.

If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education. Discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability.

A. Disciplinary Consequences

Students who are found to have violated the District’s code of conduct may be subject to the following consequences, either alone or in combination. The school personnel identified after each consequence are authorized to impose that consequence, consistent with the student’s right to due process.

Short-term (five days or less) suspension from school – principal, Superintendent, Board of Education

Long-term (more than five days) suspension from school – principal, Superintendent, Board of Education.

Permanent suspension from school – Superintendent, Board of Education.

B. Procedures

The amount of due process a student is entitled to receive before a consequence is imposed depends on the consequence being imposed. In all cases, regardless of the consequence imposed, the school personnel authorized to impose the consequence must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary consequence in connection with the imposition of the penalty.

Students who are to be given penalties other than an oral warning or disciplinary referrals to their parents are entitled to additional rights before the consequence is imposed. These additional rights are explained below.

1. Detention

Teachers, principals, and the Superintendent may use after school (beyond the regular school day) detention as a consequence for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention will be imposed as a consequence only after the student’s parent has been notified to confirm that there is no conflict with the time/date of the detention and that the student has appropriate transportation home following detention. If a student receives detention during a non-instructional period of the day, the student’s parent will be notified and transportation home will be provided.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is expected to bring such misconduct to the principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the principal, Director of Transportation, Superintendent, or their designees.

In such cases, the student’s parent will become responsible for seeing that his/her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the District will make appropriate arrangements to provide for the student’s education.

A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal meeting with the principal or the principal’s designee to discuss the conduct and the consequence involved.

3. Suspension from athletic participation, extracurricular activities and other privileges

A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law

3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal meeting with the appropriate District official and/or the Athletic Review Board imposing the suspension to discuss the conduct and the consequence involved.

4. In-school suspension

The Board recognizes the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the Board authorizes principals/designees and the Superintendent/designee to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.”

A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal meeting with the District official imposing the in-school suspension to discuss the conduct and the consequence involved.

5. Teacher disciplinary removal of disruptive students

A student’s behavior can affect a teacher’s ability to teach and make it difficult for other students in the classroom to learn. In most instances, the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom to give the student an opportunity to regain his/her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “time out” in a classroom or in an administrator’s office with a staff member present; (2) sending a student into the hallway briefly; (3) sending a student to the principal’s office for the remainder of the class time only; or (4) sending a student to a school counselor or other District staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two class periods, as outlined in the procedures that follow. The removal from class applies to the class of the removing teacher only.

A removed student shall be sent to the principal’s office. If the disruptive student does not pose a danger or ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation for why he/she is being removed and an opportunity to explain his/her version of the relevant events before the student is removed. Only after the informal discussion may a teacher remove a student from class.

If the student poses a danger or ongoing threat of disruption to persons or property, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he/she was removed from the classroom and give the student a chance to present his/her version of the relevant events within 24 hours. The teacher must complete a District-established disciplinary removal form and meet with the principal or his/her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the removal form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24 hours after the student’s removal, the principal or another District administrator designated by the principal must notify the student’s parents that the student has been removed from class and why. The notice must also inform the parent that he/she has the right, upon request, to an informal meeting with the principal or the principal’s designee to discuss the reasons for the removal. A written copy of this information will follow.

The principal may require the teacher who ordered the removal to attend the informal meeting in accordance with contractual requirements.

If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.

The principal or the principal’s designee may overturn the removal of the student from class if the principal finds any one of the following:

The charges against the student are not supported by substantial evidence.

The student’s removal is otherwise in violation of law, including the District’s code of conduct.

The conduct warrants suspension from school pursuant to Education Law 3214 and a suspension will be imposed.

The principal or his/her designee may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal meeting, if a meeting is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities by the classroom teacher until he/she is permitted to return to the classroom.

Each teacher must keep a complete log for all cases of removal of students from his/her class. The principal must keep a log of all removals of students from class.

Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his/her class until he/she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.

6. Suspension from school

Suspension from school is a severe consequence, which may be imposed only upon students who are insubordinate, disorderly, violent, or disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others.

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the Superintendent and the principals.

Any staff member may recommend to the principal or the Superintendent that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the Superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension. The Superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

a) Short-term (5 days or less) suspension from school

When the Superintendent, Assistant Superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.

The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right to request an immediate informal meeting with the principal or his/her designee. Both the notice and informal meeting shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal meeting shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal meeting shall take place as soon after the suspension as is reasonably practicable.

After the meeting, the principal shall promptly advise the parents in writing of his/her decision. The principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the Superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The Superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the Superintendent’s decision, they must file a written appeal to the Board of Education with the District Clerk within 30 business days of the date of the Superintendent’s decision. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

b) Long-term (more than 5 days) suspension from school

When the Superintendent or principal determines that a suspension for more than five days may be warranted, he/she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing, the student shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his/her behalf.

The Superintendent shall personally hear and determine the proceeding or may, in his/her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him/her. A record of the hearing shall be maintained, but no stenographic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the Superintendent. The report of the hearing officer shall be advisory only, and the Superintendent may accept all or any part thereof.

An appeal of the decision of the Superintendent may be made to the Board that will make its decision based solely upon the record before it. All appeals to the Board must be in writing and submitted to the District Clerk within 30 business days of the date of the Superintendent’s decision. The Board may adopt in whole or in part the decision of the Superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

c) Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

C. Minimum Periods of Suspension

1. Students who bring to or possess a weapon on school property

Any student, other than a student with a disability, found guilty of bringing to or possessing a weapon on school property will be subject to a long-term suspension from school for at least one calendar year. Under certain mitigating circumstances, a shorter suspension may be considered. Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The Superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the following:

The student’s age.

The student’s grade in school.

The student’s prior disciplinary record.

The Superintendent’s belief that other forms of discipline may be more effective.

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

2. Students who commit violent acts other than bringing to or possessing a weapon on school property

Any student, other than a student with a disability, who is found to have committed a violent act, other than bringing to or possessing a weapon on school property, shall be subject to a short or long-term suspension from school. If the proposed consequence is a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for an informal meeting given to all students subject to a short- term suspension. If the proposed consequence exceeds a five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify a five-day suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or substantially interfere with the teacher’s authority over the classroom

Any student, other than a student with a disability, who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least one day and can be suspended up to five days. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being 22 removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester, or three or more occasions during a trimester. The proposed consequence is a minimum one-day suspension and up to five days suspension.

The student and the student’s parent will be given the same notice and opportunity for an informal meeting given to all students subject to a short- term suspension. If the proposed consequence exceeds the minimum five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The Superintendent has the authority to modify the suspension on a case-by-case basis. In deciding whether to modify the consequence, the Superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

Counseling

The principal or his/her designee (including counseling staff) shall handle all referrals of students to counseling.

PINS Petitions

The District may file a PINS (person in need of supervision) petition in Family Court on any student under the age of 18 who demonstrates that he/she requires supervision and treatment by:

Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.

Engaging in an ongoing or continual course of conduct, which makes the student ungovernable or habitually disobedient, and beyond the lawful control of the school.

Knowingly and unlawfully possesses marijuana in violation of Penal Law 221.05. A single violation of §221.05 will be a sufficient basis for filing a PINS petition.

Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the appropriate law enforcement authorities for a juvenile delinquency proceeding before the Family Court:

Any student under the age of 16 who is found to have brought a weapon to school, or

Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).

The Superintendent or his/her designee is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

Alternative Instruction

When a student of any age is removed from class by a teacher or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the District will take immediate steps to provide alternative means of instruction for the student.

Discipline of Students with Disabilities

The Phelps Clifton-Springs Central School District Board of Education recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities who violate the District’s student code of conduct, and/or to temporarily remove a student with disabilities from his or her current placement because maintaining the student in that placement is substantially likely to result in injury to the student or 23 to others.

The Board also recognizes that students with disabilities deemed eligible for special education services under the IDEA and Article 89 of New York’s Education Law enjoy certain procedural protections that school authorities must observe when they decide to suspend or remove them. Under certain conditions, those protections extend, as well, to students not currently deemed to be a student with a disability but determined to be a student presumed to have a disability for discipline purposes.

Therefore, the Board is committed to ensuring that the District follows suspension and removal procedures that are consistent with those protections. The code of conduct for students is intended to afford students with disabilities and students presumed to have a disability for discipline purposes the express rights they enjoy under applicable law and regulations.

Definitions

For purposes of this portion of the code of conduct, and consistent with applicable law and regulations, the following definitions will apply:

Behavioral Intervention Plan (BIP) means a plan that is based on the results of a functional behavioral assessment and that, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs, and intervention strategies that include positive behavioral supports and services to address the behavior.

Disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either: a) For more than 10 consecutive school days; or b) For a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year, because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each suspension or removal, the total amount of time the student has been removed and the proximity of the suspensions or removals to one another. The School District determines on a case-by-case basis whether a pattern of removals constitutes a change of placement.

Illegal drug means a controlled substance but does not include a controlled substance legally possessed or used under the supervision of a licensed health-care professional, or a substance that is otherwise legally possessed or used under the authority of the Controlled Substances Act or under any other provision of federal law.

Interim alternative educational setting (IAES) means a temporary educational placement, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred. An IAES must allow a student to continue to receive educational services that enable him or her to continue to participate in the general curriculum and progress toward meeting the goals set out in the student’s individualized education program; as well as to receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

Manifestation review means a review of the relationship between the student’s disability and the behavior subject to disciplinary action, which is required when the disciplinary 24 action results in a disciplinary change of placement and conducted in accordance with requirements set forth later in this policy.

Manifestation team means a District representative knowledgeable about the student and the interpretation of information about child behavior, the parent, and relevant members of the Committee on Special Education as determined by the parent and the District.

Removal means a removal of a student with a disability for disciplinary reasons from his or her current educational placement, other than a suspension; and a change in the placement of a student with a disability to an IAES.

School day means any day, including a partial day, which students are in attendance at school for instructional purposes.

Serious bodily injury means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Student presumed to have a disability for discipline purposes means a student who, under the conditions set forth later in this policy, the District is deemed to have had knowledge was a student with a disability before the behavior that precipitated the disciplinary action.

Suspension means a suspension pursuant to §3214 of New York’s Education Law.

Weapon means the same as the term “dangerous weapon” under 18 USC §930(g)(2) which includes a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except a pocket knife with a blade of less than two and one-half inches in length.

Authority of School Personnel to Suspend or Remove Students with Disabilities

The Board, District Superintendent, Superintendent of Schools or a principal with authority to suspend students under the Education Law may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days.

The Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed ten consecutive school days inclusive of any period in which the student has been suspended or removed for the same behavior pursuant to the above paragraph, if the Superintendent determines that the student’s behavior warrants the suspension. The Superintendent also may order additional suspensions of not more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as the suspensions do not constitute a disciplinary change of placement.

In addition, the Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for a period in excess of ten consecutive school days if the manifestation team determines that the student’s behavior was not a manifestation of the student’s disability. In such an instance, the Superintendent may discipline the student in the same manner and for the same duration as a non-disabled student.

Furthermore, the Superintendent may, directly or upon the recommendation of a designated hearing officer, order the placement of a student with a disability to an IAES to be determined by the Committee on Special Education for a period of up to 45 school days if the student either:

Carries or possesses a weapon to or at school, on school premises or to a school function, under the jurisdiction of the educational agency, or

Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the District’s jurisdiction, or

Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the District’s jurisdiction.

The Superintendent may order the placement of a student with a disability to an IAES under such circumstances, whether or not the student’s behavior is a manifestation of the student’s disability. However, the Committee on Special Education will determine the IAES.

Procedures for the Suspension or Removal of Students with Disabilities by School Personnel

In cases involving the suspension or removal of a student with a disability for a period of five consecutive school days or less, the student’s parents or persons in parental relation to the student will be notified of the suspension and given an opportunity for an informal meeting in accordance with the same procedures that apply to such short-term suspensions of non-disabled students.

The suspension of students with disabilities for a period in excess of five school days will be subject to the same due process procedures applicable to non-disabled students, except that the student disciplinary hearing conducted by the Superintendent or a designated hearing officer shall be bifurcated into a guilt phase and a penalty phase. Upon a finding of guilt, the Superintendent or the designated hearing officer will await notification of the determination by the manifestation team as to whether the student’s behavior was a manifestation of his or her disability. The penalty phase of the hearing may proceed after receipt of that notification. If the manifestation team determined that the behavior was not a manifestation of the student’s disability, the student may be disciplined in the same manner as a non-disabled student, except that he or she will continue to receive services as set forth below. However, if the behavior was deemed a manifestation of the student’s disability, the hearing will be dismissed, unless the behavior involved concerned weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, in which case the student may still be placed in an IAES.

Limitation on Authority of School Personnel to Suspend or Remove Students with Disabilities

The imposition of a suspension or removal by authorized school personnel may not result in a disciplinary change of placement of a student with a disability that is based on a pattern of suspensions or removals as set forth above in the Definitions section of this policy, unless:

The manifestation team determines that the student’s behavior was not a manifestation of the student’s disability, or

The student is removed to an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury as set forth above.

School personnel will consider any unique circumstances on a case-by-case basis when determining whether a disciplinary change in placement is appropriate for a student with a disability who violates the District’s code of conduct.

In addition, school personnel may not suspend or remove a student with a disability in excess of the amount of time that a non-disabled student would be suspended for the same behavior.

Parental Notification of a Disciplinary Change of Placement

The District will provide the parents of a student with a disability notice of any decision to make a removal that constitutes a disciplinary change of placement because of a violation of the student code of conduct. Such notice will be accompanied by a copy of the procedural safeguards notice.

Authority of an Impartial Hearing Officer to Remove a Student with a Disability

An impartial hearing officer may order the placement of a student with a disability to an IAES for up to 45 school days at a time if he or she determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. This authority applies whether or not the student’s behavior is a manifestation of the student’s disability.

Manifestation Review

A review of the relationship between a student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the student’s disability will be made by the manifestation team immediately, if possible, but in no case later than 10 school days after a decision is made by:

The Superintendent to change the placement of a student to an IAES;

An impartial hearing officer to place a student in an IAES; or

The Board, the Superintendent, or principal to impose a suspension that constitutes a disciplinary change in placement.

The manifestation team must determine that the student’s conduct was a manifestation of the student’s disability if it concludes that the conduct in question was either:

Caused by or had a direct or substantial relationship to the student’s disability, or

The direct result of the District’s failure to implement the student’s individualized education program.

The manifestation team must base its determination on a review all relevant information in the student’s file including the student’s individualized education program, any teacher observations, and any relevant information provided by the parents.

If the manifestation team determines that the student’s conduct is a manifestation of the student’s disability, the Committee on Special Education (CSE) will:

Have the committee on special education conduct a functional behavioral assessment of the student and implement a behavioral intervention plan, unless the District had already done so prior to the behavior that resulted in the disciplinary change of placement occurred. However, if the student already has a behavioral intervention plan, the CSE will review the plan and its implementation, and modify it as necessary to address the behavior; and

Return the student to the placement from which he or she was removed, unless the change in placement was to an IAES for conduct involving weapons, illegal drugs or controlled substances or the infliction of serious bodily injury, or the parents and the District agree to a change in placement as part of the modification of the behavioral intervention plan.

If the manifestation team determines that the conduct in question was the direct result of the District’s failure to implement the student’s individualized education program, the District will take immediate steps to remedy those deficiencies.

Services for Students with Disabilities during Periods of Suspension or Removal

Students with disabilities who are suspended or removed from their current educational setting in accordance with the provisions of this policy and applicable law and regulation will continue to receive services as follows:

During suspensions or removals of up to 10 school days in a school year that do not constitute a disciplinary change in placement, the District will provide alternative instruction to students with disabilities of compulsory attendance age on the same basis as non-disabled students. Students with disabilities who are not of compulsory attendance age will receive services during such periods of suspension or removal only to the same extent as non-disabled students of the same age would if similarly suspended.

During subsequent suspensions or removals of up to 10 school days that in the aggregate total of more than 10 school days in a school year but do not constitute a disciplinary change in placement, the District will provide students with disabilities services necessary to enable them to continue to participate in the general education curriculum and to progress toward meeting the goals set out in their respective individualized education program. School personnel, in consultation with at least one of the student’s teachers, will determine the extent to which services are needed to comply with this requirement. In addition, during such periods of suspension or removal the District will also provide students with disabilities services necessary for them to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur.

During suspensions or removals in excess of 10 school days in a school year that constitute a disciplinary change in placement, including placement in an IAES for behavior involving weapons, illegal drugs or controlled substances, or the infliction of serious bodily injury, the District will provide students with disabilities services necessary to enable them to continue to participate in the general curriculum, to progress toward meeting the goals set out in their respective individualized education program, and to receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications designed to address the behavior violation so it does not recur.

In such an instance, the Committee on Special Education will determine the appropriate IAES and services to be provided.

Students Presumed to Have a Disability for Discipline Purposes

The parent of a student who is facing disciplinary action but who was not identified as a student with a disability at the time of misconduct has the right to invoke any of the protections set forth in this policy in accordance with applicable law and regulations, if the District is deemed to have had knowledge that the student was a student with a disability before the behavior precipitating disciplinary action occurred and the student is therefore a student presumed to have a disability for discipline purposes.

If it is claimed that the District had such knowledge, it will be the responsibility of the Superintendent, principal or other authorized school official imposing the suspension or removal in question for determining whether the student is a student presumed to have a disability for discipline purposes. The District will be deemed to have had such knowledge if:

The student’s parent expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student that the student is in need of special education. Such expression may be oral if the parent does not know how to write or has a disability that prevents a written statement; or

The student’s parent has requested an evaluation of the student; or

A teacher of the student or other school personnel has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the District’s Director of Special Education or other supervisory personnel.

Nonetheless, a student will not be considered a student presumed to have a disability for discipline purposes if notwithstanding the District’s receipt of information supporting a claim that it had knowledge the student has a disability,

The student’s parent has not allowed an evaluation of the student; or

The student’s parent has refused services; or

The District conducted an evaluation of the student and determined that the student is not a student with a disability.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors. However, if the District receives a request for an individual evaluation while the student is subjected to a disciplinary removal, the District will conduct an expedited evaluation of the student in accordance with applicable law and regulations. Until the expedited evaluation is completed, the student shall remain in the educational placement determined by the District which can include suspension.

Expedited Due Process Hearings

The District will arrange for an expedited due process hearing upon receipt of or filing of a due process complaint notice for such a hearing by:

The District to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement;

The District during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings;

The student’s parent regarding a determination that the student’s behavior was not a manifestation of the student’s disability; or

The student’s parent relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

The District will arrange for, and an impartial hearing officer will conduct, an expedited due process hearing in accordance with the procedures established in Commissioner’s regulations. Those procedures include but are not limited to convening a resolution meeting and initiating and completing the hearing within the timelines specified in those regulations.

When an expedited due process hearing has been requested because of a disciplinary change in placement, a manifestation determination, or because the District believes that maintaining the student in the current placement is likely to result in injury to the student or others, the student will remain in the IAES pending the decision of the impartial hearing officer or until the expiration of the period of removal, whichever occurs first unless the student’s parent and the District agree otherwise.

Referral to Law Enforcement and Judicial Authorities

Consistent with its authority under applicable law and regulations, the District will report a crime committed by a student with a disability to appropriate law enforcement and judicial authorities. In such an instance, the Superintendent will ensure that copies of the special education and disciplinary records of the student are transmitted for consideration to the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA).

Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any District employee is strictly forbidden.

However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

Protect oneself, another student, teacher, or any person from physical injury.

Protect the property of the school or others.

Restrain or remove a student whose behavior interferes with the orderly exercise and performance of School District functions, powers, and duties, if that student has refused to refrain from further disruptive acts.

The District will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.

Student Searches and Interrogations

The Phelps Clifton-Springs Central School District Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official 30 authorized to impose a disciplinary consequence on a student may question a student about an alleged violation of law or the District code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition, the Board authorizes the Superintendent, building administrators or his/her designee and the school nurse to conduct searches of students and their belongings, in most instances, with the exceptions set forth below in A and B, if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the District code of conduct.

An authorized school official may conduct a search of a student’s property that is minimally intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s property (for example, a backpack, book bag, purse, car, etc.) based upon information received from a reliable informant. Individuals, other than the District employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Before searching a student or the student’s property, the authorized school official should encourage the student to admit that he/she possesses physical evidence that they violated the law or the District code or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.

A. Student Lockers, Desks and other School Storage Places.

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks, and other school storage places. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means those student lockers, desks and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.

B. Strip Searches

A strip search is a search that requires a student to remove any or all of his/her clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the Superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the students or others.

Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another District professional employee who is also of the same sex as the student.

In every case, the school official conducting a strip search must have reasonable suspicion to believe the student is concealing evidence of a violation of law or the District code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record, the quality of the knowledge that lead to the reasonable suspicion and the need for such a search. School officials will attempt to notify the student’s parent by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone.

C. Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:

Name, age and grade of student searched.

Reasons for the search.

Name of any informant(s).

Purpose of search (that is, what item(s) were being sought).

Type and scope of search.

Person conducting search and his or her title and position.

Witnesses, if any, to the search.

Time and location of search.

Results of search (that is, what item(s) were found).

Disposition of items found.

Time, manner and results of parental notification.

The principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his/her designee shall clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The principal or his/her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

D. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

A search or an arrest warrant; or

Probable cause to believe a crime has been committed on school property or at a school function; or

Been invited by school officials.

Before police officials are permitted to question or search any student, the principal or his/her designee shall try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted by a police officer. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function. The primary goal of law enforcement is as an advisor. However, under law, police can speak to and remove a student 16 years or older for matters of law.

Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:

They must be informed of their legal rights.

They may remain silent if they so desire.

They may request the presence of an attorney.

E. Child Protective Services Investigations

Consistent with the District’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the District will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations. All certified teachers and administrators of the School District are mandated reporters.

All requests by child protective services to interview a student on school property shall be made directly to the principal or his/her designee. The principal or his/her designee shall set the time and place of the interview. The principal or designee shall be present during the interview. If the nature of the allegations is such that it may be necessary for

the student to remove any of his/her clothing in order for the child protective services worker to verify the allegations, the school nurse or other District medical personnel must be present during that portion of the interview. No student may be required to remove his/her clothing in front of a child protective services worker or School District official of the opposite sex.

A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if he/she were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s consent.

Visitors to the Schools

The Phelps Clifton-Springs Central School District Board of Education encourages parents and other District citizens to visit the District’s schools and classrooms to observe the work of students, teachers, and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The principal or his/her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

Anyone who is not a regular staff member or student of the school will be considered a visitor.

All visitors to the school must report to the main office or other secure entrances upon arrival at the school. There they will be required to sign the visitor’s register and surrender a photo ID (which will be kept on file for the duration of their visit) and will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds. The visitor must return the identification badge to the office before leaving the building.

Visitors attending school functions that are open to the public outside of the regular school day, such as parent-teacher organization meetings or public gatherings, are not required to register.

Parents or citizens who wish to observe a classroom while school is in session are required to get permission from the building administrator to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.

Teachers are expected not to take class time to discuss individual matters with visitors.

Any unauthorized person on school property will be reported to the principal or his/her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

Using an unmanned aerial vehicle (also known as a drone) or any remote-controlled aircraft on school property or during any school functions without the prior written authorization from the District’s Superintendent is prohibited. Prior to such use, users must also demonstrate compliance with all applicable Federal Aviation Administration rules and regulations.

Public Conduct on School Property

The Phelps Clifton-Springs Central School District is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers, and District personnel.

The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The District recognizes that free inquiry and free expression are indispensable to the objectives of the District. The purpose of this code is to maintain public order and prevent abuse of the rights of others.

All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either alone or with others, shall:

Intentionally injure any person or threaten or attempt to do so.

Intentionally damage or destroy School District property or the personal property of a student, District employee or any person lawfully on school property, including graffiti or arson or threaten or attempt to do so.

Disrupt the orderly conduct of classes, school programs or other school activities.

Distribute or wear materials on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive to the school program.

Enter any portion of the school premises without authorization or remain in any building or facility after it is normally closed.

Remain on campus from 11:00 p.m. to 5 a.m., when the campus is closed, unless authorized by a school administrator.

Obstruct the free movement of any person in any place to which this code applies.

Violate the traffic laws, parking regulations or other restrictions on vehicles.

Possess, consume, sell, distribute, or exchange alcoholic beverages, controlled substances or any substance marked “not for human consumption”, or be under the influence of any of these substances on school property or at a school function.

Consume, sell, distribute, or exchange tobacco products including e-cigarettes and vapes on school property or at a school function.

Consume any substance that alters perception or behavior, reducing that individual’s ability to function appropriately in the academic environment.

Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the School District.

Loiter on or about school property.

Gamble on school property or at school functions, unless such activity is permitted by law and approved by the District in advance.

Refuse to comply with any reasonable order of identifiable School District personnel performing their duties.

Willfully incite others to commit any of the acts prohibited by this code.

Bring a dog on campus to walk, exercise, or attend an athletic or extracurricular event, unless specifically allowed by the Phelps-Clifton Springs Board of Education policy.

Violate any federal or state statute, local ordinance, this code or Board policy while on school property or while at a school function.

B. Penalties

Persons who violate this code shall be subject to the following penalties:

Visitors. Their authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection and/or police action. Visitors may be banned from being physically present on District property by the Superintendent.

Students. They shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

Tenured faculty members. They shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020-a or any other legal rights that they may have.

Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75. They shall be subject to immediate ejection and to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.

Staff members other than those described in subdivisions 3 and 4. They shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

C. Enforcement

District personnel shall be responsible for enforcing the conduct required by this code. When District personnel sees an individual engaged in prohibited conduct, which in

his/her judgment does not pose any immediate threat of injury to persons or property, the District personnel shall tell the individual that the conduct is prohibited and attempt to persuade the individual to stop. The District personnel shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct or if the person’s conduct poses an immediate threat of injury to persons or property, the District personnel shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The District shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the District reserves its right to pursue a civil or criminal legal action against any person violating the code.

Dissemination and Review

A. Dissemination of Code of Conduct

The Phelps Clifton-Springs Central School District Board of Education will work to ensure that the community is aware of this code of conduct by:

Providing copies of an age-appropriate, written in plain language, a summary of the code to all students at an assembly to be held at the beginning of each school year.

Providing a plain language summary to all parents at the beginning of the school year, and thereafter on request.

Posting the complete code of conduct on the District’s website.

Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

Providing all new employees with a copy of the current code of conduct when they are first hired.

Making copies of the code available for review by students, parents and other community members.

The Board will sponsor in-service education programs for all District staff members to ensure the effective implementation of the code of conduct. The Superintendent may solicit the recommendations of the District staff, particularly teachers and administrators, regarding in-service programs pertaining to the management and discipline of students. On-going professional development will be included in the District’s professional development plan, as needed.

B. Review of Code of Conduct

The Board of Education will review this code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently.

The Board of Education may appoint an advisory committee to assist in reviewing the code. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students, and any other interested party may participate.

The code of conduct and any amendments to it will be filed with the Commissioner of Education, in a manner prescribed by the Commissioner, no later than 30 days after adoption.

Compliance

If at any time a part of this code of conduct is inconsistent with applicable law, that part of the code is to be considered amended so that it complies with applicable law.

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The Phelps-Clifton Springs Central School District will enable students to demonstrate college and career readiness by displaying: Strong Moral Character; Critical Thinking Skills; Perseverance; Cultural Awareness; and Innovation